Safety Data Sheets in E-Commerce
In one of our previous articles, we discussed the methods of delivering a safety data sheet (How to Properly Deliver a Safety Data Sheet?). This topic is relevant for all entities offering chemical substances and mixtures. In today’s continuously growing e-commerce market, it seems appropriate to expand on this issue.
Online sales automate the process of the sale and contract conclusion, simplifying it for the seller. However, this unintentionally triggers effects under chemical regulations, which are important to be aware of to avoid potential fines or inspection issues.
Whether preparing to start online sales or already an experienced seller, it is worth checking how to comply with the requirements of the REACH Regulation and the CLP Regulation regarding the provision of safety data sheets and the transmission of information required under the CLP Regulation.
E-Commerce Stores and Safety Data Sheets
Let us start by clarifying a basic point – an online store, in certain cases, must have safety data sheets for the chemical substances and mixtures it offers. This is necessary when:
- The products offered through the online store are classified as hazardous (or require a safety data sheet for other reasons specified in Article 31 of the REACH Regulation);
- The product is sold under a B2B model.
When selling a product in a B2C model, a safety data sheet is not required. However, if the sales system is mixed (combining B2B and B2C), the seller may still have the obligation to provide a safety data sheet whenever the recipient is a “professional” customer (B2B).
Regulations state that:
The safety data sheet need not be supplied where hazardous substances or mixtures offered or sold to the general public are provided with sufficient information to enable users to take the necessary measures as regards the protection of human health, safety and the environment, unless requested by a downstream user or distributor.
This means that in a mixed sales model, it is not necessary to proactively provide the safety data sheet to a professional recipient unless the buyer requests the document.
It also does not matter whether the sale takes place via your own online platform or through a marketplace – the regulations do not differentiate between these models, and the obligation to provide the safety data sheet remains with the supplier.
It is also worth noting that under Article 35 of the REACH Regulation, as an employer, we have the obligation to ensure our employees have access to the information contained in the safety data sheet. Therefore, regardless of whether a professional recipient requests it, the document should be available to comply with Article 35.
Safety Data Sheets in B2B Sales
In a sales model that includes only B2B sales, providing a safety data sheet is a proactive obligation automatically generated with the sale. A guide on creating safety data sheets states that:
It should be noted that “providing” should be understood as the supplier’s obligation to proactively deliver the safety data sheet (and any required updates), not merely to make it passively available, for example online, or reactively by providing it upon request.
Proactive forms of delivering a safety data sheet include (but are not limited to):
- Providing a paper copy of the document;
- Sending it electronically, e.g., as a PDF by e-mail, or a link to download the safety data sheet. For the latter option, additional requirements apply:
- The link must be direct and lead to the specific safety data sheet;
- The link should be reliable, continuously operational, and ideally never expire;
- The client should actively receive updated links if the sheet changes;
- The client should be actively informed of all updates to the safety data sheet;
- Access through the link should not be restricted (for example, by requiring login).
It is important to note that providing a safety data sheet on a website, particularly in a version accessible only after login, is not considered a proactive method of delivery.
The B2B sales process should therefore include the step of delivering the safety data sheet, as this obligation may also be subject to inspection. In this context, the supplier must also ensure that updates to safety data sheets are sent to all recipients who received the product within the last 12 months.
How to Determine if a Client Can Request a Safety Data Sheet
In a mixed B2B/B2C sales model, the question arises of how to assess whether the buyer is a professional recipient and whether a safety data sheet must be provided upon request. REACH defines the roles of downstream user and distributor:
- “Downstream user” means any natural or legal person established within the Community, other than the manufacturer or the importer, who uses a substance, either on its own or in a mixture, in the course of his industrial or professional activities. A distributor or a consumer is not a downstream user.
- “Distributor” means any natural or legal person established within the Community, including a retailer, who only stores and places on the market a substance, on its own or in a mixture, for third parties;
These definitions confirm that there is no obligation to provide a safety data sheet to a consumer (who is neither a downstream user nor a distributor). They also indicate that the decisive factor is the buyer conducting a business activity in which they will use the purchased products. For simplicity, it can be assumed that wherever the sale is based on a VAT invoice issued to a company, the obligation to provide a safety data sheet will apply.
Summary – Safety Data Sheets in Online Sales
In conclusion, it is clear that the possibility of completely foregoing the preparation or possession of a safety data sheet is rare if you do not limit sales exclusively to consumers. While it may be assumed that a B2B recipient will not request a safety data sheet, this scenario is becoming increasingly unlikely due to obligations such as those arising from Article 35 of the REACH Regulation and the growing awareness of buyers.
Additionally, due to the increasing responsibility of marketplace platforms under the updated GPSR regulations, it is becoming more likely that you will be asked to provide such a document before starting sales on these platforms.
It should also be remembered that the safety data sheet must be provided in the official language of the recipient’s country (in domestic trade, this is Polish), so providing a card in English from a supplier is not sufficient.
Having and actively providing correct safety data sheets, although it may seem burdensome, is therefore one of the fundamental responsibilities of the e-commerce industry in relation to chemical products.
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